| Abstract: |
The undertrial prisoner crisis in India represents one of the most glaring structural failures of its criminal justice system a system that purports to uphold the rule of law while systematically violating the constitutional rights of its most vulnerable constituents. Undertrial prisoners, defined as persons detained in judicial custody pending investigation, inquiry, or trial, constitute approximately 75.8% of India's total prison population, according to the National Crime Records Bureau's Prison Statistics India 2022. This paper undertakes a critical doctrinal and socio-legal analysis of the undertrial prisoner's status within the Indian criminal justice framework, interrogating the normative gap between constitutional guarantees and ground realities. Drawing upon landmark judicial pronouncements, empirical prison data, legislative developments including the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and comparative international standards, the paper argues that prolonged undertrial detention is not merely an administrative failure but a structural injustice entrenched in poverty, caste discrimination, and systemic legal apathy. The paper further offers targeted reform recommendations aimed at transforming India's bail jurisprudence and custodial governance toward a rights-respecting paradigm. |
